ARCHIVED — Possible Amendments to the Definition of Small Retransmission Systems Regulations (SOR/89-255)
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REGULATIONS DEFINING SMALL RETRANSMISSION SYSTEMS FOR THE PURPOSE OF SUBSECTION
70.64(1)74(1)OF THE COPYRIGHT ACT
Short Title
1. These Regulations may be cited as the Definition of Small Retransmission Systems Regulations.
Definitions
2. In these Regulations,
"licence" means a licence issued under paragraph 9(1)(b) of the Broadcasting Act authorizing the
licensee to carry on a broadcasting receiving undertaking that distributes programming services
to premises by means of signals that are transmitted by cable or hertzian waves; (licence)
"licensed area" means the area in which a licensee is authorized, under its licence, to provide
services; (zone de desserte)
"premises" means
(a) a dwelling, including a single-unit residence or a single unit within a multiple-unit residence, or
(b) a room in a commercial or institutional building; (local)
"service area" means an area in which premises lawfully served by the retransmission system are located.
Small Retransmission Systems
3. (1) Subject to subsections (2) to (4) and section 4, for the purpose of subsection
70.64(1) 74(1) of the Copyright Act, "small retransmission system" means a cable retransmission
system, or a terrestrial retransmission system utilizing Hertzian waves, that retransmits a
signal, with or without a fee, to not more than 2,000 premises in the same licensed service area.
(2) For the purpose of subsection (1), where a cable retransmission system is included in the same unit as one or more other cable retransmission systems, the number of premises to which the cable retransmission system retransmits a signal is deemed to be equal to the total number of premises to which all cable retransmission systems included in that unit retransmit a signal.
(3) For the purpose of subsection (2), a cable retransmission system is included in the same unit as one or more other cable retransmission systems where
(a) they are owned or directly or indirectly controlled by the same person or group of persons; and
(b) their licensed service areas are each less than 5 km distant, at some point, from at least
one other among them, and those licensed service areas would constitute a series of contiguous
licensed service areas, in a linear or non-linear configuration, were it not for that distance.
(4) Subsection (2) does not apply to a cable retransmission system that was included in a unit on December 31, 1993.
4. The definition set out in subsection 3(1) does not include a cable retransmission system that
is a master antenna system located within the licensed service area of another cable
retransmission system that retransmits a signal, with or without a fee, to more than 2,000
premises in that licensed service area.
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